Putting Police Interviews on the Hot Seat

August 25, 2014

Recent news coverage has increased public concern over the police’s treatment of suspects, witnesses, and bystanders. Family members of individuals with special needs may fear that their loved one’s special needs will put him or her at increased risk in an encounter with police or the legal system. Concern is merited. In some situations, special needs are not taken into consideration.

A Massachusetts case illustrates one situation where family members can be proactive in helping their loved one interact with police: police interviews. In Commonwealth v. Bermudez, a seventeen-year-old defendant with special needs came to a police station with his mother, at the police’s request. 83 Mass. App. Ct. 46 (2012). He was interviewed for seventy minutes at the police station, unrestrained. His mother did not accompany him into the interview room, but waited in an outer lobby area. During the interview the defendant read and signed a waiver of Miranda rights. He was assured that he could go home with his mother, and he did. However, he was later charged with firearm offenses and as an accessory before the fact.

The trial court judge held that the defendant’s police interview was a custodial interrogation, and that given “the defendant’s young age, limited education and intellectual abilities,” the Commonwealth failed to establish that his waiver was knowing, intelligent, and voluntary. Id. at 47.

The Appeals Court reversed, finding that the interview was not custodial. The court emphasized that the defendant appeared there voluntarily, with his mother, and was repeatedly told that he could return home with his mother. He was unrestrained, and the “questioning was conversational and nonthreatening in tone.” Id. at 52-53.

The court declined to consider his mental capacity, stating that the special needs or disabilities of a defendant are irrelevantin a police custody determination: while “the defendant’s age is a factor in the custody determination, we disagree that other individualized factors peculiar to the defendant, such as his status as a special needs student, bear on that determination.” Id. at 53-54 (citing J.D.B. v. North Carolina, 131 S.Ct. 2394, 2402 (2011)). However, “individualized factors remain applicable in determining the voluntariness of a Miranda waiver, and of the statements themselves.” Bermudez, 83 Mass. App. Ct. at 53 n.11. The court looked only at whether a “reasonable person” of his age would perceive his or her freedom to leave— even though special needs can affect one’s ability to perceive the degree of police control being exerted.

Since the interview was not custodial, no waiver of Miranda rights was required. The defendant’s statements to the police interviewers could be used against him.

Individuals’ legal rights are complicated, and can be even more complicated when special needs are involved. If you have questions about your legal rights, or how you can help a friend or loved one, call the attorneys at Hutchins Law, P.C.

What our clients are saying...

Attorney Hutchins has a very confident and proactive approach. He explored several methods to collect our monies and he did so in record time. I appreciate his ability to get to the heart of the matter without unnecessary meetings...he was right on top of it with terrific, timely communication.Dave - Westborough, MA

Attorney Hutchins was swift, efficient and effective. He understood my goals and was not wishy-washy in helping me make decisions. We will use him again.Kate - Northborough, MA

Attorney Hutchins represented me during my divorce proceedings. He was very ethical, professional, and made the entire process less stressful. I would definitely use him in the future for legal matters; I highly recommend him.Ozzy - Westborough, MA

I contacted Attorney Hutchins from Connecticut on short notice as I had received a speeding ticket in Massachusetts. An adverse judgment would have significantly impacted the insurance premiums for my whole family. After meeting with him at the courthouse he helped present my case to the Magistrate in a clear and concise manner which resulted in the Magistrate allowing the dismissal of my charges. I would strongly recommend Attorney Hutchins.Tom - Shrewsbury, MA

I have found the services of Attorney Hutchins to be prompt and accurate; and it was a great relief to complete a full revision of my estate documents. I would reccommend him to do the same for friends and family members. Thank you so much; everything is terrific and it's a relief to have this completed.Maria - Southborough, MA

Thank you for your outstanding efforts in my defense. Your knowledge and professionalism were comforting as my end results were exactly as you had predicted. Should a friend become in trouble, I will certainly send them your way. Your reasonable fees equate to a ten times savings of what my costs would have been without you.Hannah - Worcester, MA

… We have been most impressed by your quiet, thoughtful, honest, and clearly explained descriptions of how to best structure our wills. In particular, we had no idea how important it was to set up trusts to protect our estate for our kids' benefit.
… We are very comfortable now that should something happen to either of us, our estate will be secure and will continue to support our four kids as they begin their lives. Both of us would be happy to speak with prospective clients about our experience with you.David and Nancy - Northborough, MA

Thank you very much for taking over my very complicated case when everyone else refused to take me on as a client. For the last three years, I was losing every decision by the court. Thanks to your careful preparation, I was victorious at trial. Thanks to you, my children and I now have greater stability in our lives. You always had time for me and you have always carefully explored all options.
Marketa - Westborough, MA

Within days of calling Attorney Hutchins my documents were prepared and I had all the information I needed to complete my Quit Claim Deed. Aaron was professional and efficient. I'm so grateful for his assistance and expertise.Mellissa - Worcester, MA

I was very happy with the whole process of working with you. You were efficient and very prompt with email replies which is greatly appreciated when I’m working full days and unable to stop for a phone call or an in-person meeting. With minimal effort on my part, you had everything done in a timely fashion and were accommodating for when we needed to meet in person. Again, with a busy schedule, this is so appreciated and I have already happily referred you to another colleague!Trisha - North Grafton, MA

We owe a debt of gratitude to Attorney Hutchins for his services and guidance during our adoption petition. He steered us swiftly and assuredly through the process - we always felt in good hands. We are now officially a family, and a very happy one! Thanks again.Frederico - Southborough, MA

Thank you for the wonderful communication, patience and outstanding work on our behalf. Thank you for making us feel confident by giving all of the process a unique human touch that is usually absent with law stuff. Not sure how we would have done things without your professional support.
Silvano - Shrewsbury, MA

I would highly recommend Attorney Aaron Hutchins. He is an excellent attorney. He promptly and effectively handled a custody hearing in our family. His professional manner and ability were outstanding; and his fees were quite reasonable.Carol - San Diego, CA

It was my first and hopefully, only time needing to have an attorney. Attorney Hutchins made the experience a pleasant one. He was straight forward with everything and I felt he did a great job and was very professional as well.Ronnie - Indian Orchard, MA

I just want to thank you for all you did. Without your help I would not have got any money. I like how you were professional with getting this settlement resolved in a timely manner. I appreciate the
way you kept me informed on what was happening with the case. I would recommend your service to
any one looking for a lawyer.Eric - Berlin, MA

My daughter was very nervous heading to court, but as soon as she met Attorney Hutchins, and saw how professional he appeared at court she instantly felt that everything would be OK. I would definitely recommend Mr. Hutchins to friends and family.Mary - Marlborough, MA

Going through a divorce is close to a death as it can get. A relationship has died and your life will change forever. The breakdown, by nature, has sadness, anger, resentment and many other emotions. Too many to list. I honestly have wondered what type of person could insert themselves in this very difficult time in couples' lives. I always had in my mind it would have to be somewhat of a callous person in order to get through to the other side untarnished. I was wrong. Attorney Hutchins was a soft spoken and understanding person. He kept things on trackMike - Shrewsbury, MA

Over Memorial Day weekend, our son hit a tree while driving his vehicle. The incident resulted in 2 criminal and 2 civil citations. We had never dealt with anything like this. With only one day to find and prepare for our son's initial court hearing, I began a search for legal representation. I emailed 4 attorneys and hoped, given the holiday weekend, that someone would see our plea for help and respond. That same day we not only received a response from Attorney Hutchins, but he also agreed to meet us that evening. We left the meeting well informed and felt prepared for theAnonymous

Thank you for making a sensitive subject easy to complete. The preparation of my estate plan from start to finish was completed in the most professional/friendly manner. Your responses to my questions were immediate. I will certainly pass your name to others that may require this service.Carol-Ann - Westborough, MA

20000

I contacted Attorney Hutchins from Connecticut on short notice as I had received a speeding ticket in Massachusetts. An adverse judgment would have significantly impacted the insurance premiums for my whole family. After meeting with him at the courthouse he helped present my case to the Magistrate in a clear and concise manner which resulted in the Magistrate allowing the dismissal of my charges. I would strongly recommend Attorney Hutchins.Tom - Shrewsbury, MA

Attorney Hutchins just helped us with an Estate plan. In the initial meeting, he explained the documents and process clearly. He was efficient with time and to the point. During the document review, he answered all of our questions over email and made the updates we requested. Document signing was just a breeze. Definitely recommend Attorney Hutchins for anyone looking to do estate planningAntony - Shrewsbury, MA

Attorney Hutchins was very professional yet personable when helping me with my estate planning needs. He explained everything clearly and made sure I had no unanswered questions (and I had many questions). My family had also used his services in the past, and we won't hesitate to use them again if the need arises.
Jonathan - Shrewsbury, MA

Attorney Hutchins was a pleasure to work with. He acted diligently and with a tremendous sense of urgency to help us quickly execute our estate planning. He answered all questions promptly and made it easy for us to ask questions in a very non-intimidating environment.Jarred - Southborough, MA

I was at the end of my rope dealing with an insurance company regarding a personal injury case when I was referred to Attorney Hutchins. He was very professional and on point. I gave him all the information when we first met in his office. He then settled the case to my satisfaction.Janice - Shrewsbury, MA

I want to thank you for all that did for me. I felt that you listened, had great advice and provided a comfortable environment, not to mention that you were able to take care of my issue very quickly. I would recommend you to my friends and family and would definitely have you take care of any issues that require an attorney.Carmella - Hudson, MA

I just want to thank you for all you did. Without your help I would not have got any money. I like how you were professional with getting this settlement resolved in a timely manner. I appreciate the
way you kept me informed on what was happening with the case. I would recommend your service to
any one looking for a lawyer.Eric - Berlin, MA

Attorney Hutchins was swift, efficient and effective. He understood my goals and was not wishy-washy in helping me make decisions. We will use him again.Kate - Northborough, MA

I would highly recommend Attorney Aaron Hutchins. He is an excellent attorney. He promptly and effectively handled a custody hearing in our family. His professional manner and ability were outstanding; and his fees were quite reasonable.Carol - San Diego, CA

Attorney Hutchins provided efficient and professional service. His communication and guidance was clear and concise. He answered all my questions before finalizing the documents. We finalized documents promptly at the agreed upon time; and they were well organized and professional. I would return to Hutchins Law, P.C. for any attorney needs; and would recommend them with confidence.Ken - Marlborough, MA

Mr. Hutchins was my divorce attorney. I found him to be more than a very competent lawyer. He is also a man who cares about his client as a human being, which was the last thing I expected from a divorce attorney. I not only have a great deal of respect for Mr. Hutchins the lawyer, but admire and feel gratitude toward Mr. Hutchins the man. Consequently, it is with a great deal of pleasure that I recommend Attorney Hutchins.Rick - Worcester, MA

We came to Hutchins Law to have our (long overdue) will completed. The process was much easier than we expected. Attorney Hutchins was friendly, knowledgeable and attentive to our desires. We were very pleased with the final result. It was an impressive, professional and user-friendly document. We will definitely use Hutchins Law for any future legal matters we might have.Roger & Jenny - Lunenburg, MA

It was a reassuring feeling having you there in my support and allowing me to go the "front of the line" in the courtroom. Thank you for all your help with this matter!Trent - West Boylston, MA

We hired attorney Hutchins to settle a work-related dispute. There was confusion, high emotions, and overall just a very difficult time for my wife and I. Attorney Hutchins met with us and explained how the process would work...He set clear and real expectations and did so with such compassion and kindness. After we met with him we felt much better.
We had our court appearance today and all worked out as our attorney said it would. Happy to put this behind us and grateful to Attorney Hutchins for helping us do so.Enrik - Worcester, MA

Thank you for making a sensitive subject easy to complete. The preparation of my estate plan from start to finish was completed in the most professional/friendly manner. Your responses to my questions were immediate. I will certainly pass your name to others that may require this service.Carol-Ann - Westborough, MA

I appreciated your honesty and the invaluable help you gave me. Thank you, from the bottom of my heart, for your sound advice.Stacey - Leominster, mA

I cannot thank Attorney Hutchins enough for helping me with my case. He was aggressive and acted swiftly regarding on my behalf, yet, expressed the compassion and patience I needed. He also provided me with valuable guidance and kept me focused on my case. I have dealt with two other lawyers since my divorce and Aaron is, by far, just what I need to address my matters. My case was resolved quickly, but I know that it will not be the last and will obtain Attorney Hutchins's services again. I am at the point where mediation is no longer applicableElizabeth - Shrewsbury, MA

Attorney Hutchins is an absolute professional in all aspects. He is exceptional with his word choices and clear about his intents. I very much appreciated his open communication and quick responses. A follow up email to recap all of the details was above what I had expected. Thank you, Attorney Hutchins, for all of your help!
James - Webster, MA

I have bought and sold a number of properties over the years and for my last closing I used Hutchins Law, P.C. All of my concerns were addressed promptly and the closing went off without any issue because they had already thought about the issues and addressed them. At my future closings Hutchins Law, P.C. will be there to represent me.Spencer - Wayland, MA

We were at our wit's end until we sought Attorney Hutchins's advice. His thoughtful assessment, insightful counsel, and immediate action were exactly what we needed. I cannot speak highly enough of the concise and powerful writing he did for us.Sarah - Maynard, MA

Hutchins Law, P.C. is a general practice firm with an emphasis in Litigation & Mediation that has proudly been serving the Northborough, Worcester County region and Massachusetts since 2008. To better server our customers, in 2016 we opened a second location in Hudson, MA.